44. (L.) Richard Hutton was indicted for returning from transportation before the expiration of his time .

The records of his conviction were produced and read in court. See Number 412. in alderman Alsop's mayoralty; his former trial for breaking the dwelling house of Edward Salmon in Chancery-Lane, and stealing two saws; he was found guilty 4 s. 10 d. and ordered for transportation.

James Aylomer . I am turnkey of Clerkenwell Bridewell, and know the prisoner at the bar; I was attending this court when he received sentence to be transported.

Q. How come you to be particular to the prisoner?

James Aylomer . I have locked him up in our house a great many times : we took him the Friday in last sessions, and carried him to my house; he owned to me at that time that he had sentence of transportation passed upon him, and that he went abroad.

Q. Who was the first that apprehended him?

James Aylomer . I was in the court yard in the Old Baily, and was told there was one Richard Hutton that had come from transportation, they asked me if I knew him; I said, yes, and then went and called Mr. Norden who was over the way, and told him that Hutton was returned from transportation, and that I could go and take him directly if he would go with me: we went together to the further end of Creed lane, then into a yard, and into a house, where he was sitting by the fire.

James Aylomer . A woman in the yard; we took him and put a pair of thumb screws on him, and took him to a public house, from whence we carried him that night to Bridewell for safety, and afterwards he was committed to Wood-street Compter.

William Norden . I was at the apprehending of the prisoner, and was in court when he received sentence to be transported for stealing some saws from a carpenter's in Chancery-lane, but did not see him carried to be transported.

Henry Peale . I was not here at the trial, nor when the prisoner received sentence. The day after he was taken I went to Clerkenwell Bridewell and saw him, and said I was sorry to see him; he told me he was taken up for returning from transportation before the time, and that it cost his father thirteen guineas and a half, and they let him go; I asked him what ship he went over in, he said the Greyhound; I asked him who went with him, he said Penprice was one that went with him and died in the voyage.

William Palmer. I went on the Saturday morning with Mr. Peale to Bridewell, and saw him there; he told me he was taken once before by Brebrook and young Pinchell, and that his father raised thirteen guineas and a half, and they let him go. I knew him before, having seen him once tried in this court.

Prisoner's Defence.

When I was taken by these people and carried to the public house, they accused me with the fact, and told me if I would raise a friend they would let me go; my father had not money to give them, so they took me to gaol. Norden said before my lord-mayor that he was not sure of my being the person.

Guilty Death .

See him tried twice before, Number 70. in Sir Samuel Pennant 's mayoralty, and 516. in alderman Blachford's.